Selling your Duncanville home? One form can make or break your deal: the Seller’s Disclosure Notice. You want a smooth sale with no surprises for you or your buyer. In this guide, you’ll learn exactly what Texas requires, Duncanville specifics like floodplain checks, and which documents to gather so you stay compliant and build buyer confidence. Let’s dive in.
What Texas law requires
Texas Property Code §5.008 requires most sellers of a one‑unit residence to give buyers a written Seller’s Disclosure Notice completed to the best of your knowledge and belief. The notice covers the roof, foundation and structure, plumbing, electrical, HVAC, smoke detectors, pools, past flooding or water penetration, insurance claims, unpermitted work, lawsuits affecting the property, and known defects. You are not required to disclose deaths from natural causes, suicide, or accidents unrelated to the property condition, or whether an occupant had HIV/AIDS. Review the statute text for details.
Timing and buyer rights
You must deliver the disclosure on or before the effective date of the contract. If the contract is signed without it, the buyer may terminate for any reason within seven days after receiving the notice. See Texas Property Code §5.008.
Common exceptions
The statute lists exceptions, such as certain court‑ordered transfers, foreclosure, trustee in bankruptcy, transfers between co‑owners or to a spouse or lineal relative, some government transfers, and a newly built never‑occupied one‑unit residence. Check the full list in §5.008.
Use the TREC disclosure form
Most sellers and agents use the Texas Real Estate Commission’s Seller’s Disclosure Notice (Form ID 55‑0), which mirrors the statute and is referenced in TREC contracts. You can find it on the TREC Contracts and Forms page.
Duncanville floodplain and water history
Flooding is a key disclosure item. Duncanville maintains floodplain mapping and has identified several creeks, including Ten Mile Creek, Horne Branch, and Mauk Branch. The city notes roughly 480 acres of floodplain and recent significant flooding events, such as August 2022. Check whether your property sits in a Special Flood Hazard Area, disclose any prior flooding or water penetration, and note any flood insurance. Start with the city’s Floodplain Management page and the interactive GIS maps to review floodplain layers by address.
Other documents buyers expect in Dallas County
Beyond the disclosure form, Texas law often pairs several pre‑contract documents with resale listings:
- Survey and encumbrances. Before an executory contract is signed, sellers must provide a recent survey or current survey plat and legible copies of documents that describe encumbrances or restrictive covenants. See Texas Property Code §5.069.
- Tax certificates and insurance evidence. Sellers must provide a tax certificate for each taxing unit that collects taxes on the property and a legible copy of any property insurance policy or binder. See Texas Property Code §5.070.
- Dallas County context. The Dallas Central Appraisal District sets appraised values used for tax bills, and Dallas County collects city, county, and school district taxes. Use DCAD search tools to confirm the record for your property via this Dallas County property records resource.
HOAs and neighborhood rules
If your Duncanville property has mandatory HOA or POA membership, expect to provide a resale certificate and association documents. TREC publishes the “Subdivision Information, Including Resale Certificate” form used in many resale transactions. Find it on the TREC Contracts and Forms page.
“As is” does not cancel disclosure
Selling “as is” does not excuse you from completing the Seller’s Disclosure honestly or from liability for fraud or intentional concealment. Texas case law explains that while an as‑is clause can limit some claims when a buyer knowingly assumes certain risks, it does not protect a seller who misrepresents or hides defects. See Prudential Ins. Co. v. Jefferson Associates for context.
Quick seller checklist
- Completed and signed TREC Seller’s Disclosure Notice (Form ID 55‑0). Deliver to the buyer on or before the contract effective date. Find the form on the TREC Contracts and Forms page.
- Recent survey or survey plat, and copies of easements and restrictive covenants. See §5.069.
- Tax certificates for each taxing unit and a copy of your property insurance policy or binder. See §5.070.
- HOA resale certificate and governing documents if applicable.
- Notes on any prior flooding, water penetration, or insurance claims. Check your flood status using the city’s Floodplain Management resources.
Buyer tips for Duncanville
- Confirm you received the Seller’s Disclosure on or before the contract effective date. If it arrives later, you may terminate for any reason within seven days of receipt under §5.008.
- Order independent inspections. The disclosure reflects the seller’s knowledge; it is not a substitute for inspections.
- Verify flood status with the city’s interactive GIS maps and ask about flood insurance claims.
- If applicable, request the HOA resale certificate and review dues, assessments, and any pending litigation.
- Review the tax situation with Dallas County records and confirm whether any special assessments apply.
Ready to list in Duncanville?
You deserve a smooth sale backed by clear guidance and proactive preparation. If you want help gathering the right documents, timing your disclosures, and presenting your home with confidence, connect with Donna Jobe for experienced, relationship‑first representation.
FAQs
What properties in Duncanville require a Texas Seller’s Disclosure?
- Most one‑unit residential resales require the notice under Texas Property Code §5.008, with exceptions for certain transfers like court‑ordered sales, foreclosure, some family transfers, government transfers, and never‑occupied new construction; see the statute for the full list.
When must a Duncanville seller deliver the disclosure?
- You must deliver the notice on or before the contract’s effective date; if provided later, the buyer may terminate for any reason within seven days after receiving it under §5.008.
Do I need to disclose flooding or floodplain status in Duncanville?
- Yes, flooding and water penetration are part of the statutory disclosure; check your status using the city’s Floodplain Management resources and interactive maps, and disclose any past events and flood insurance.
Does selling “as is” in Texas let me skip disclosure?
- No; an as‑is sale does not eliminate your duty to answer the Seller’s Disclosure honestly or shield you from fraud or concealment claims.
What tax and survey documents should Duncanville sellers provide?
- Provide a recent survey or plat and encumbrance documents under §5.069, plus tax certificates for each taxing unit and a copy of any insurance policy or binder under §5.070.
